Interim injunction suspending expulsion of Iraqi asylum seeker to Greece due to risk of mistreatment under fundamental rights

The Federal Constitutional Court ordered the repetition of a prior interim injunction for an additional six months, extending the temporary prohibition on the expulsion of an Iraqi asylum seeker to Greece until the decision on the underlying constitutional complaint. The dispute concerned the enforcement of a repatriation order under the Dublin II Regulation, where the applicant challenged the removal to Greece as a violation of fundamental rights, specifically the prohibition of torture and inhuman treatment, given the severe humanitarian conditions faced by asylum seekers in the receiving state. The decisive legal basis for the interim relief is the Basic Law’s guarantee of freedom of movement and protection against deportation to a third country where there is a risk of mistreatment or a breach of the European Convention on Human Rights, requiring the court to ensure the continuation of the interim protection previously granted.